German court confirms regulator's power to prohibit gambling operators from advertising on affiliate sites promoting illegal offerings
German court upholds regulator's authority to ban licensed gambling operators from advertising on affiliate sites featuring illegal offerings
The Higher Administrative Court of the State of Saxony-Anhalt in Germany has upheld the authority of the Joint Gaming Authority of the Federal States (GGL) to prohibit licensed gambling operators from advertising on affiliate marketing sites that promote illegal gambling activities, affirming a GGL by-law that classifies such affiliates as advertising unlawful offerings.
The court emphasized that this prohibition is necessary to differentiate legal gambling from illegal gambling and requires operators to ensure that their services are not willingly displayed alongside unlicensed sites.
The court also confirmed other GGL requirements related to informing users about permitted operators, addressing addiction risks, preventing underage participation, and transparently disclosing benefits and campaign durations in advertising.
The case stemmed from the GGL imposing a significant fine on an operator for deliberately advertising on a site that promoted illegal offerings, highlighting the GGL's commitment to enforcing the regulations and the potential for license withdrawal in case of repeated violations.
GGL's chief executive and board member expressed support for the advertising regulations, emphasizing the protection of the operators' reputation and the integrity of legal online gambling providers.